£350,000 Compensation after Car Accident with Untraced Driver

Author:
Simon Stanfield
Partner, Head of Road Traffic Accidents
Date:
02/04/2020

A Car Accident Claim Case Study – Client Situation

Our client was driving home one evening following a Sunday meal out when a car on the other side of the road tried to overtake another car.

The other motorist was driving too fast, so our client applied his brakes to avoid a head-on car crash and was forced to swerve. Otherwise, he would have collided with the other car.

However, he was forced to swerve so sharply that he ended up spinning sideways and across the opposite lanes. His car careered into a ditch on the other side of the road and he was knocked unconscious.

He sustained serious injuries in the crash, including 7 fractured vertebrae, 6 broken ribs, a punctured lung and cuts on his mouth, cheek and nose. The next thing he knew was waking up in hospital the following morning, as he had been kept sedated on morphine to aid his recovery. He also needed nearly 300 stitches in his face and on his head.

Our client was forced to take sick leave from his job in the Army and undergo multiple operations for the reconstruction of his nose. Ultimately, he was medically discharged by the MoD because of the severity of his injuries.

To make matters worse, the driver responsible for the car accident couldn’t be traced, as our client wasn’t able to get any details when the accident happened. All he knew was the colour of the car, and despite a police investigation, neither the driver nor the car could be tracked down.

How We Helped

The injured man contacted our Car Accident Solicitors who are specialists in untraced driver claims. Simon Stanfield, Partner and Head of Road Traffic Accidents, believed the injured man did have a reasonable claim for compensation.

Simon submitted a claim on his behalf to the Motor Insurers’ Bureau, which can ensure victims of road accidents with untraced drivers can get compensation. While the untraced vehicle didn’t collide with our client’s car, it was the other driver’s actions that caused our client to crash his car, hence he was entitled to compensation.

Simon and his team arranged medical reports for our client to assess his injuries and the impact they were likely to have on his life, both in the short and long-term. This helped us correctly value his compensation claim and identify his future care needs.

These included further medical treatment, rehabilitation sessions and physiotherapy, as well as a course of medication. Our valuation of his claim also reflected the psychological consequences of the car accident, which included mood swings, bouts of anger and depression, all of which he didn’t suffer before the car crash.

Simon also considered the financial impact of the accident on our client due to the loss of his job, and how his injuries had affected his day-to-day life. For instance, our client had been very active before the crash, as he was in a very physical job and often did workouts and fitness training. But as a result of the car accident, he could no longer do any exercise apart from physiotherapy, and therefore put on weight.

The Outcome

Our client was awarded a total of £350,000 compensation. This helped him cover his living costs as he underwent further treatment, including rehabilitation sessions with the Army, NHS treatment and an operation to reduce a scar on the side of his face.

Furthermore, his brain had to be continually being monitored as it was still swollen following the crash, although our client wasn’t aware of any damage. He also continued having physio every week to build up his strength and seeing an Army psychologist.

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